Context: 

Recently, the Supreme Court dismissed a challenge to the constitution of the Jammu and Kashmir Delimitation Commission to readjust constituencies in the new Union Territory.

Verdict of the Court:

• The Court held that there is no illegality associated with the establishment of the Delimitation Commission while giving following reasoning:
  • Articles 2 and 3 of the Constitution enable the Parliament to create new States and Union territories. Accordingly, the two new Union territories have been created. 
  • The J&K Reorganisation Act which created the two new Union territories assigns the role of readjustment of constituencies to the Delimitation Commission under the Delimitation Act, 2002.
  • The 2002 law made under Article 3 can always provide for readjustment of the Constituencies in the newly constituted States or Union territories through the Delimitation Commission. 

Why was the commission set up?

• Delimitation became necessary when the Jammu and Kashmir Reorganisation Act, 2019 increased the number of seats in the Assembly. 
• The erstwhile J&K state had 111 seats — 46 in Kashmir, 37 in Jammu, and four in Ladakh — plus 24 seats reserved for Pakistan-occupied Kashmir. 
• When Ladakh was carved out as a Union Territory, J&K was left with 107 seats, including the 24 for PoK. 
• The Reorganisation Act increased the seats to 114: 90 for Jammu & Kashmir, besides the 24 reserved for PoK.

Why has the exercise been controversial?

• Reorganisation Act Subjudice: Political parties in Jammu and Kashmir have been pointing out that the Delimitation Commission is mandated by the Reorganisation Act, which is sub judice.
• Different Parameters: Also, while delimitation as a rule is carried out on the basis of Census population, the Commission said it would take certain other factors into consideration for J&K, including size, remoteness and closeness to the border.
• Constituency boundaries are being redrawn only in J&K when delimitation for the rest of the country has been frozen until 2026. 

News Source:   The Hindu